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Criminal Justice Information Systems
2001 Enacted Legislation

Other crime information enactments fine-tune how electronic justice information can and should be used. Including and sharing protective order information within the criminal justice system was mandated by California (SB 66) and Texas (SB 479). Other states restrict how criminal justice information could be used. Under a new measure in Idaho certain disclosure of records that identify victims is prohibited (HB 18) along with prisoner access to prison records (HB 62). Texas allows for the expungement of arrest records under certain circumstances (HB 1323) and Washington permits people convicted of certain crimes to have their records cleared (HB 1174). Other legislation expands who can use electronic justice information. South Dakota allows the release of inmates and parolee information for community and victim notification (HB 1024) and Nebraska allows prisoners access to their medical records (LB 15).

Integration efforts also continue. Oregon is requiring the Department of State Police to develop a plan for the integration of justice information among agencies (HB 3372) and Illinois and North Dakota created integrated information governing boards through executive orders.

For more information contact Blake Harrison, 303.830.2200 x 326, blake.harrison@ncsl.org

Arkansas HB 1527 (PDF) Signed by governor, Act 746
Ensures that municipal, county and state needs are considered in the development and implementation of the Arkansas Wireless Information Network (AWIN).
Sponsor: Teague

Arkansas HB 1709 (PDF) Signed by governor 2/22/01, Act 388
Makes an appropriation to the Arkansas Crime Information Center for the replacement of the front-end computer that operates the ACIC system.
Sponsor: Joint Budget Committee

Arkansas HB 1875 Signed by governor 04/14/01, Act 1272
Establishes the Arkansas Integrated Justice Information Systems Coordinating Council for 2002-2003.
Sponsor: Schall

Arkansas HB 2104 (PDF) Signed by governor 3/9/01, Act 715
Makes an appropriation to the department of Finance and Administration - disbursing officer for the Lincoln Police Department in Washington County for information technology equipment acquisition.
Sponsor: Joint Budget Committee

California AB 147(PDF) Signed by governor 07/05/2001 Chapter 34.
Gives exclusive authority to a "control agent" to ensure that the county's (or agency's) equipment complies with the California Law Enforcement Telecommunications System security requirements.
Sponsor: Longville

California SB 66 (PDF) Signed by governor 10/05/01, Chapter 572
Requires the court, in domestic violence cases, to obtain a thorough investigation of the defendant's history before setting bond, issuing a protective order, or releasing a defendant on his own recognizance. The information is shared with all parties, judges, probation or parole officers and police so that an informed decision can be made regarding the offender.
Sponsor: Kuehl

Georgia SB 50 Signed by governor 4/27/01
Provides for electronic collection and transmission of certain Superior Court data and the use of and access to such data; provides for the transmission of certain data to the Superior Court Clerks' Cooperative Authority and the retransmission of such data to the Georgia Crime Information Center; authorizes the maintenance of records in digital format; and provides that a clerk of a superior court electing to store records in digital format shall maintain back-up records or shall send copies of such digitally formatted records to the Georgia Department of Archives and History.
Sponsor: Senator Johnson

Georgia SB 57 Signed by governor 3/30/01
Enacts the "Family Violence and Stalking Protective Order Registry Act;" creates a registry of protective orders as a centralized data base for protective orders; provides for the registry to be maintained by the Georgia Crime Information Center and governed by the Georgia Commission on Family Violence; provides for the registry to be linked with the National Crime Information Center Network; provides for standard forms for protective orders; provides for electronic transmittal and maintenance of orders; provides for foreign orders; and provides for access to and use of the registry.
Sponsor: Senator Thompson

Idaho HB 18 Signed by governor 03/26/01, Chapter 180.
Prohibits disclosure of department records that would identify the victim, jeopardize the operation of the facility, or restrict the rehabilitation of inmates.
Sponsor: Stegner

Idaho HB 62 Signed by governor 03/19/01,Chapter 48.
Prohibits disclosure of prisoner records to other prisoners.
Sponsor: Stegner

Illinois HB 2088 Signed by governor 08/17/01 Act 92-0415
Allows mental health professionals involved with a petition brought under the Sexually Violent Persons Commitment Act to inspect law enforcement records of a juvenile offender.
Sponsor: Roskam

Indiana HB 1130 Signed by governor 5/10/01, Public Law 183
Imposes a document storage fee and an automated record-keeping fee in all civil, criminal, infraction, and ordinance violation cases. Provides that the document storage fee is to be deposited in the court clerk's record perpetuation fund. Provides that the automated record keeping fee is to be transferred to the state for distribution of money to the judicial technology and automation project fund. Appropriates the money in the fund to the use of the project.
Sponsor: Kersey

Kentucky HB 234 Signed by Governor 0//15/01, Acts Chapter 15
Requires the DOC to keep photographic records of each inmate in its custody and to update them every two years.
Sponsor: Pullin

Louisiana HB 350 (PDF) Signed by governor 5/24/01, Act 54
Authorizes the clerk of court for the Criminal District Court for the Parish of Orleans to sign subpoenas electronically.
Sponsor: Representative Murray

Louisiana HB 1471 Signed by governor 05/25/01, Act 157
Permits information to be released to a juvenile's counsel without special authorization.
Sponsor: Winston

Louisiana HB 363 (PDF) Signed by governor 06/17/01
Creates the Sex Offender Registry Technology Fund.
Sponsor: Crowe

Maine LD 1739 - Signed by governor 06/11/01
Amends the reporting requirements for the MCJUSTIS Board to clarify that the board submits its final report and proposed legislation amending the Maine Revised Statutes, Title 17-A by January 31, 2001. Amends the board's reporting requirements to specify that the board submit proposed legislation amending other civil and criminal violations to make them compatible with computerized databases by December 15, 2001 and December 15, 2002. The retroactivity section makes these changes retroactive to January 31, 2001.

Maine LD 1759 Signed by Governor 06/12/01
Expands the membership of the Maine Criminal Justice Information System Policy Board to include the Chief Information Officer of the Department of Administrative and Financial Services.
Sponsor: Pendleton

Maryland HB 453 Signed by governor 4/20/01, Chapter 227
Requires the Criminal Justice Information System Central Repository to disseminate on a monthly basis specified information concerning juveniles charged as adults to the Maryland Justice Analysis Center of the Institute of Criminal Justice and Criminology of the University of Maryland.
Sponsor: Montague

Maryland HB 1105 Signed by governor 5/15/01, Chapter 529
Requires a custodian to deny inspection of public records of the Maryland Transportation Authority in connection with a transaction system associated with an electronic toll collection system under specified circumstances; authorizes the inspection of public records of the Maryland Transportation Authority by its employees or agents in an investigation or proceeding relating to a violation of speed limitations.
Sponsor: Rosenberg

Minnesota SF 846 Signed by governor 5/24/01, Chapter 167
Authorizes use of the criminal justice data communications network for determining if civil commitment petitions of proposed patient as sexual psychopathic or sexually dangerous person should be filed by attorney general or county attorney.
Sponsor: Senator Cohen

Montana HB 577 Signed by governor 4/28/01, Chapter 394
Authorizes the Department of Justice to obtain a loan from the Board of Investments for the purpose of financing an information technology system for the Motor Vehicle Division; increases the lien filing fee to $8 to fund repayment of the motor vehicle information technology loan; and creates a motor vehicle information technology system account in the state special revenue fund.
Sponsor: McCann

Nebraska LB 15 Approved by Governor 3/28/01
Allows inmates to inspect their medical files. Restricts Public Counsel from inspecting inmates' mental and medical records without consent. Prohibits the office of Public Counsel from disclosing an inmate's medical or mental health records to anyone except as authorized by law.
Sponsor: Chambers

New Hampshire HB 554 Signed by Governor Chapter 0225
Establishes a division of information technology within the Department of Safety.
Sponsor: Welch

North Dakota HB 1044 House Signed by Governor 03/20
Allows courts to order the inspection of a case history record of persons in custody of the DOC unless the department shows there is a proper and legitimate reason for denying inspection. Prevents people receiving confidential records from disclosing the information.
Introduced by: legislative council (criminal Justice committee)

North Dakota HB 1398 10 House Signed by governor 04/13
Lists employees of the DOC, courts, the department of human services and other correctional facilities getting custody of an inmate as those who may receive inmate records.
Sponsors: Kroeber, Robinson, Wardner

Oregon HB 3372 Signed by governor 08/09/01
Requires Oregon Department of Administrative Services and state agencies to implement portfolio-based management of information technology resources. Requires department to develop and implement plan for managing distributed information technology assets. Requires Department of State Police to develop plan for integration of information technology among criminal justice agencies.
Sponsor: Hill

South Carolina SJR 585 Signed by governor 08/31/01
Approves regulations of the South Carolina Law Enforcement Division, relating to criminal justice information system.
Sponsor: Judiciary Committee

South Dakota HB 1024 signed by governor 03/08/01
Allows the release of the name, date of birth, race, location of incarceration, community of residence, conviction and status of any inmate or parolee, sentenced as an adult, for community and victim notification.
Introduced by: The Committee on State Affairs at the request of the Department of Corrections

Texas SB 479 Signed by governor 5/3/01
Requires law enforcement agencies to enter protective order information in the statewide law enforcement information system no later than 10 days after receipt of the order.
Sponsor: West

Texas HB 776 Signed by governor 6/11/01
Imposes certain duties on the Criminal Justice Policy Council regarding the implementation, operation, and maintenance of the criminal justice information system.
Sponsor: Haggerty

Texas SB 625 Signed by governor 06/13/01
Authorizes the clerk of the Court of Criminal Appeals to maintain writs and other records and documents in an electronic storage format.
Sponsor: Duncan

Texas HB 1323 Signed by governor 06/15/01
Allows for the expungment of arrest records and files when the indictment has been dismissed or quashed.
Sponsor: Staples

Texas SB 1047 Signed by governor 06/14/01
Allows identifying information to be expunged if the arrested individual falsely gave the information of an innocent party.
Sponsor: McCall

Utah SB 11 Signed by governor 3/15/01Chapter 85
Modifies the Motor Vehicle Code and the Public Safety Code making technical changes to facilitate the provision of government services electronically.
Sponsor: Steele

Virginia HB 1591 Signed by governor 3/20/01, Chapter 401
Authorizes pawnbrokers to maintain required records electronically. Upon request by a law-enforcement official, pawnbrokers are required to make such electronic records available. Allows a pawnbroker to charge a service fee for making daily electronic reports to law-enforcement officials and further provides that the fee shall not exceed five percent of the amount loaned or three dollars, whichever is less.
Sponsor: Callahan

Virginia HB 1754 Signed by governor 03/27/01, Chapter 536
Requires a law enforcement agency receiving a warrant or capias for the arrest of a person on a felony charge to enter the information into the National Crime Information Center (NCIC), maintained by the Federal Bureau of Investigation, within 72 hours of the receipt of the warrant or capias.
Sponsor: McDonnell

Virginia HB 2340 Signed by governor 3/14/01, Chapter 203
Updates and clarifies provisions relating to confidential juvenile justice information and the Department of Juvenile Justice.
Sponsor: Blevins

Virginia HB 2623 Signed by governor 3/20/01, Chapter 384
Provides that for the purpose of applying for a concealed handgun permit, optically scanned fingerprints may be used instead of inked fingerprint cards and may be transmitted electronically by a locality to the State Police for the purpose of a criminal history records check. The bill also requires that all optically scanned fingerprints shall be destroyed upon completion of the criminal history records check.
Sponsor: Joannu

Virginia HB 2676 Signed by governor 3/20/01, Chapter 474
Allows a court entering an emergency protective order to forward the information regarding the order to the Virginia criminal information network electronically where feasible and practical. This bill does not change the information that must be forwarded, but under current law the method of transferring the information is not specified.
Sponsor: Rhodes

Virginia HB 2802 Signed by governor 05/02/01Chapter 875
Mandates that biological evidence in non-death sentence felony cases is kept for up to 15 years from time of conviction unless the court determines that the evidence should be kept longer. Evidence in death sentence cases must be kept until the execution is carried out.
Sponsors: Armstrong, Almand

Virginia HB 2842 Signed by governor 3/23/01, Chapter 565
Allows the magistrate or court issuing a warrant or capias to transfer information on a warrant or capias electronically into VCIN and requires the destruction of the electronic record if the criminal process is ordered destroyed.
Sponsor: O'Bannon

Virginia SB 992 Signed by governor 3/23/01, Chapter 516
Provides that a warrant or capias that must be entered into the Virginia Criminal Information Network (VCIN) must also be entered into the National Crime Information Center (NCIC) maintained by the FBI. A law-enforcement agency receiving a felony warrant or capias or an extradition warrant must enter the person's name, date of birth, social security number and other known information required by the State Police within 72 hours of receiving the warrant.
Sponsor: Stolle

Virginia SB 1036 Signed by governor 3/14/01, Chapter 214
Provides that any electronically transmitted Governor's warrant of arrest shall be treated as an original document provided the original is received four days before receipt of the facsimile.
Sponsor: Stolle

Washington HB 1174 Signed by governor 05/02/01 Chapter 140
Permits people convicted of misdemeanors and gross misdemeanors to motion that their record of conviction be cleared. Applicant bears the cost of vacating the record.
Sponsors:Hurst; Carrell; Lantz; Lovick; O'Brien

Wyoming SF 0061
Allows disclosure of information concerning name, convictions, sentencing, parole eligibility, release, and location of supervision of any individual who is or has been in custody of the department of Corrections.
Sponsored by: Judicary

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Compacts

Arkansas HB 1433 (PDF) Signed by Governor 2/21/01, Act 329
Enacts the National Crime Prevention and Privacy Compact.
Sponsor: Hunt

Kansas SB 209 (PDF) Signed by governor 4/10/01
Enacts the National Crime Prevention and Privacy Compact.
Sponsor: Judiciary Committee

Oklahoma HB 1374 Signed by governor 5/24/01
Enacts the National Crime Prevention and Privacy Compact.
Sponsor: Askins

Maine LD 1691 Signed by governor 06/08/01
Adopts the National Crime Prevention and Privacy Compact making criminal justice information available to interested persons and criminal history record information available to the public.
Sponsor: McAlevey

New Jersey SB 1517 Signed by governor 01/05/02
Enacts the National Crime Prevention and Privacy Compact.
Sponsors: Quigley, Gormley
 

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Other Action

ND Executive Order 6 January 22, 2001
Establishes the Criminal Justice Information Board. Appoints heads from state government and agencies. The Board will set policy relating to the collection, storage, and sharing of criminal justice information and the systems necessary to perform such functions.